Don’t the mistake of waiting on the OOIDA appeal to the Supreme Court to decide on your E-log solution! Implement the easiest mandate compliant solution on earth and be ready.
Here’s what you need to know:
The US Supreme Court receives more than 8,000 requests for review every year. Of those, only about 80 are heard. This roughly equates to a one percent chance of any single request being heard by the Court. We will likely know whether the Court will accept the case sometime in June.
Generally, the Supreme Court gives priority to cases with differing opinions among the lower courts. If the lower courts have ruled in agreement (which they have), the chances of the Supreme Court hearing the case are very slim.
Once the court has decided on whether to hear a case, the petitioner (in the matter of ELDs it is OOIDA) will have 45 days to submit their written arguments to the Court for review. Once the petitioner has filed, the defense will have up to 35 days to respond.
The Court is next in session from the first Monday in October 2017 through the first part of June 2018, sometimes extending into July. The “Sitting” calendar of cases to be heard (and when) is usually released in mid-July. The Sitting Calendar for 2016 (the period we are currently in) is already set, so this case wouldn’t be heard before the next session which doesn’t begin until October.
The earliest the case could be heard is October 2nd with a decision possible before the mandate compliance date, but probably more like early January 2018 and again, only if it was the first case on the 2017 calendar, which again, is highly unlikely.
Of the last 10 decisions that have been rendered by the US Supreme Court, the shortest time for a decision has been 4 days and the longest was 158 days. The average is 83.3 days for these 10 decisions.
Also, should the OOIDA appeal be selected, there would typically be a minimum of 81 days before the case could even begin. But, the DOT and the FMCSA declined to respond to the appeal, so either the Court compels them to respond (a good sign that the case will be heard) or they don’t, which likely indicates that the case will not be heard. So, even If the appeal is heard (a 1% probability) the mandate would almost certainly take effect in December since the Court would almost certainly not yet have rendered a decision.